Vessels on the seas, islands and continental shelf of Vietnam using expired fire prevention and fighting equipment will be fined up to VND 10 million?
- Is it fine to use fire prevention and fighting equipment that has expired on board a ship?
- Will penalties be imposed for not stopping ships and boats to inspect under orders in the seas, islands and continental shelf of Vietnam?
- Vessels violating regulations on marine environmental protection will be fined?
Is it fine to use fire prevention and fighting equipment that has expired on board a ship?
Currently, regulations on administrative handling of violations against regulations on safety of fire and explosion prevention for ships are implemented in accordance with Article 19 of Decree 162/2013/ND-CP as follows:
“Article 19. Violations against regulations on safety, fire and explosion prevention for seagoing ships
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for each of the following violations:
a) Failing to have necessary warning signs or instructions in flammable and explosive places;
b) There is no diagram of the fire-fighting system, fire-fighting assignment sheet or instruction manual at the positions on the ship as prescribed;
c) Fire-fighting equipment is not placed at the prescribed position on the boat.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for each of the following violations:
a) Failing to fully equip fire and explosion prevention and fighting equipment as prescribed;
b) Fire and explosion prevention and fighting equipment cannot be used;
c) No emergency response plan;
d) Fire fighting equipment is not in a state of readiness for operation as prescribed;
dd) Using specialized fire fighting equipment for other purposes;
e) Carrying flammable and explosive substances together with passengers.”
Accordingly, current violations of regulations on safety, fire and explosion prevention for ships will be handled according to the above regulations.
However, in Clause 11 Article 3 of Decree 37/2022/ND-CP, there are changes in the sanction for violations of regulations on safety, fire and explosion prevention for ships as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). March 2017) of the Government on sanctioning of administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam
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11. To amend and supplement Point b, Clause 2, Article 19 as follows:
“b) Fire and explosion prevention and fighting equipment is unusable or has expired inspection”;”
Accordingly, the act of using fire prevention and fighting equipment but the inspection expires will be administratively sanctioned.
Vessels on the seas, islands and continental shelf of Vietnam using expired fire prevention and fighting equipment will be fined up to VND 10 million?
Will penalties be imposed for not stopping ships and boats to inspect under orders in the seas, islands and continental shelf of Vietnam?
Pursuant to Clause 12, Article 3 of Decree 37/2022/ND/CP stipulates as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
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12. To amend and supplement Clause 2, Article 21 as follows:
"2. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for one of the following acts:
a) Passenger ships do not have a table of rules placed at the specified places on board;
b) Arranging or letting passengers sit in the wrong places;
c) Failure to arrange or improperly arrange ship security officers;
d) Failing to stop the vessel for inspection and control at the signal of a competent person;
d) Failure to comply with the inspection and control of competent persons.”.”
Accordingly, the act of failing to stop ships and boats for inspection and control under the orders of competent persons will be subject to an administrative fine of between VND 4,000,000 and 6,000,000.
Vessels violating regulations on marine environmental protection will be fined?
According to Article 25 of Decree 126/2013/ND-CP stipulating as follows:
“Article 25. Violations against regulations on marine environment protection caused by ships
1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for failing to keep an oil log, a log of water pumping, and a diary of dumping waste as prescribed.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) There is not enough equipment for oil-water separation as prescribed or there is equipment but it cannot be used;
b) To leak oily wastewater from the ship into the sea.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) There is no plan to respond to the oil spill incident; oil and chemical pollution rescue plan according to regulations;
b) There is no certificate according to regulations on preventing pollution caused by oil.
4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for discharging or discharging water containing oil or oil-containing compounds in contravention of regulations.
5. A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for discharging or discharging wastes mixed with oil or toxic substances in contravention of regulations.
6. Application of remedial measures: Enforce the implementation of measures to remedy environmental pollution and environmental degradation, for the violations specified at Point b, Clause 2; Clause 4 and Clause 5 of this Article.”
Accordingly, the case of ships violating regulations on marine environmental protection in the seas and islands and on the continental shelf will now be administratively sanctioned according to the above regulations.
In the near future, when Decree 37/2022/ND-CP comes into force, the administrative sanctions for a number of violations of marine environmental protection by ships will be amended and supplemented according to the provisions of this Decree. Clause 13, Article 3 of Decree 37/2022/ND-CP as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated March 13) 2017) of the Government on sanctioning of administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam.
…
13. To amend and supplement Clauses 1, 4 and 6, Article 25 as follows:
"first. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for failing to record, incompletely or incorrectly recording the contents of the oil log, the engine room water pump log, the waste dump log as prescribed.
4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for one of the acts of dispersing, destroying or discarding goods to evade inspection and control.
6. Remedial measures:
a) Enforce the implementation of remedial measures for environmental pollution according to regulations, for the violations specified at Point b, Clause 2 and Clause 5 of this Article;
b) Forcible return of an amount equal to the value of the violation material evidences in case the violation material evidences are no longer available, for the violations specified in Clause 4 of this Article.”.”
Accordingly, violations of environmental protection regulations caused by ships will be handled according to the above regulations.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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